[Added 5-14-1990 by Ord. No. 90-20]
This chapter provides for certain uses to be
permitted within the Township as conditional uses. In so providing,
the Board of Commissioners recognizes that these uses may or may not
be appropriate at every location within any specific district and,
accordingly, has established standards and criteria by which it can
evaluate and decide upon applications for such uses. It is intended
that these uses, constituting major uses having the potential for
substantial impact upon the community, shall comply with the standards
for conditional uses hereinafter set forth, in addition to the relevant
stipulations of the district in which the conditional use is authorized.
In the sole discretion of the Board of Commissioners, failure to comply
with these standards may be deemed a basis for denial or for the imposition
of appropriate conditions upon a grant of approval. Where there is
a conflict between the standards set forth in this article and other
standards elsewhere established by this chapter or other applicable
ordinances, it is intended that the more stringent standards shall
apply, and it is not the intent of this article to abrogate or impair
any other such standards or requirements.
A.
It shall be the burden of the applicant to demonstrate
compliance with the standards for conditional use contained in this
article and with any other relevant stipulations of this chapter and
to indicate means by which potential impacts from the proposed use
will be mitigated.
B.
An application for conditional use approval shall
be submitted on a form provided by or otherwise acceptable to the
Township and shall be accompanied by an application fee, the amount
of which shall be established by ordinance enacted by the Board of
Commissioners.
C.
A generalized site plan shall be submitted as part of any conditional use application. It is not intended that such a plan be engineered or contain a fixed architectural layout, such as would be required under Chapter 255, Subdivision of Land. The plan shall, however, demonstrate compliance with all applicable standards for approval of the conditional use, including those cited in Subsection F below.
D.
The scale of the generalized site plan shall be one
inch equals 50 feet.
E.
Where specific conditional use submission requirements
are contained within another Article of this chapter and are applicable
to a particular conditional use authorized by that Article, those
requirements shall be adhered to and shall prevail in any instance
of conflict or overlap.
F.
In addition to demonstrating compliance with all standards
applicable to the conditional use being requested, the generalized
site plan shall show the applicant's intentions with regard to the
following:
(1)
Site access, interior circulation and parking.
(2)
Location, approximate dimension and arrangement
of all areas devoted to ground cover, trees, screening and buffering,
other planting, open space, recreation and similar purposes, as applicable.
(3)
Adequate handling of stormwater, in the form
of a preliminary written analysis and conclusions as to anticipated
methods, prepared by a registered professional engineer.
(4)
Location, planned uses, approximate overall
dimensions, gross floor area, coverage and height of each building
or structure.
G.
Development impact statement.
[Added 3-31-2014 by Ord. No. 2013-21]
(1)
For any application filed pursuant to Article XXIII of this chapter, a development impact statement shall be submitted with the application. To ensure that a proposed use will not have an adverse effect upon the natural features of the site, as well as upon the provision of light and air, water, transportation, police and fire protection, schools, utilities and other public facilities, the Board of Commissioners and the Township Planning Commission shall evaluate the impact of the development upon the site, the surrounding neighborhood, and the facilities and services of Radnor Township as listed below. The applicant shall provide all of the information, data and studies needed to fully evaluate these items. Such statement shall contain the following:
(a)
An analysis of the consistency of the proposed use with the
Radnor Township Comprehensive Plan, as amended. The analysis shall
include, but not be limited to, the compatibility with environmental
and natural resources; housing, demographics, and socioeconomics;
business and economic development; transportation and circulation
plan; open space and recreation; historical and archaeological resources;
community services and facilities; and the land use plan sections
of the Comprehensive Plan.
(b)
The impact of the proposed use on floodplains, waterways, heavily
wooded areas, steep slopes, and other sensitive natural features located
upon and adjacent to the site, if any.
(c)
The proposed use's impact on the Township and regional transportation
system(s) and the ability of adjacent streets and intersections to
efficiently and safely handle the traffic generated by the proposed
development. This analysis shall include all modes of transportation
and shall be based on current Pennsylvania Department of Transportation
(PennDOT) requirements within their Policies and Procedures for Transportation
Impact Studies (PennDOT Strike-off Letter 470-09-4, dated 2009, as
amended). The applicant shall address any measures proposed to be
implemented in order to mitigate any adverse impacts.
(d)
The proposed use's impact on the Radnor School District, including
an estimate of new pupils generated by the proposed development.
(e)
The proposed use's impact on nearby commercial facilities within
the Township and surrounding municipalities.
(f)
The proposed use's impact on public utilities, including but
not limited to sewage disposal, water supply, storm drainage, and
electrical utilities.
(g)
The proposed use's impact upon the provision of police and fire
protection.
(h)
The proposed use's impact on the Township's open space and recreation
facilities.
(i)
The proposed use's impact upon the character of the surrounding
neighborhood. The applicant must show the proposed development will
not adversely affect the surrounding neighborhood and what measures
are proposed to mitigate any potential impacts.
(j)
An analysis of the proposed use's fiscal impacts upon the county,
Township, and school district.
(2)
Required documentation for the statement shall include the following,
if applicable:
(a)
A conditional use plan for the proposed development, identifying all proposed uses to be located on the site, and demonstrating compliance with the area, bulk and dimensional requirements for the proposed use. The conditional use plan shall be submitted in the form of a sketch plan containing the information required by § 255-19 of the Township Subdivision and Land Development Ordinance.
(b)
The applicant shall provide conceptual architectural renderings
(perspectives and elevations) of the proposed development.
(c)
The location and size of the site, with evidence supporting
the general adequacy for development.
(d)
The proposed residential density of the development and the
percentage mix of the various dwelling types.
(e)
The location, size, accessibility and proposed use of the open
space, manner of ownership and maintenance, and a copy of the covenant
to be incorporated in the individual deeds, if applicable.
(f)
Conceptual landscape plans showing locations of trees and shrubs
and other landscape improvements (e.g., berms, fences) as necessary
to mitigate the adverse visual impacts which the proposed actions
will have on the property, adjoining properties and the Township in
general. This shall include improvements to the streetscape adjacent
to the property boundaries.
(g)
Conceptual plans of proposed utility and drainage systems.
(h)
A phasing plan describing how the proposed development will
be implemented (if applicable).
(i)
Plans and renderings indicating the design, unity and aesthetic
relationship of building and landscaping within the proposed development
with that of the surrounding area.
(j)
The text of covenants, easements and existing restrictions or
those to be imposed upon the land or structure, including provisions
for public utilities, and trails for such activities as hiking or
bicycling, if applicable.
A.
The application shall be reviewed by the Zoning Officer.
If it is deficient with regard to any required components, procedures
or fees, the Zoning Officer shall so notify the applicant. This review
and notification shall occur prior to the scheduling of a public hearing
on the application. If such identified deficiencies are not remedied
in the form of a resubmitted application, such deficiencies shall
constitute potential grounds for denial of the application by the
Board of Commissioners, subsequent to public hearing.
B.
The Board of Commissioners shall schedule and hold
a public hearing on the application, pursuant to public notice, within
60 days of filing, unless the applicant, in writing, waives or extends
the time limitation.
C.
At least 30 days prior to the date of the hearing,
one copy of the application shall be furnished to the Township Planning
Commission. The Board shall request that the Planning Commission submit
recommendations to the Board for consideration within a time frame
established by the Board for reaching a final decision on the application.
The Planning Commission, in its review of the conditional use application,
shall evaluate, in particular, the generalized site plan in relation
to the Township Comprehensive Plan and the physical development of
the Township.
D.
A stenographic record of the hearing proceedings shall
be made by a court reporter. Any party requesting the original transcript
or a copy of the transcript shall bear the cost of the same.
E.
Upon review of the application in terms of the standards
and criteria of this chapter, the Board of Commissioners shall render
a decision within 45 days of completion of the public hearing process.
F.
In approving a conditional use application, where
such use is authorized under this chapter, the Board of Commissioners
may, at its sole discretion, attach such conditions to its approval
as it deems necessary to further the purposes of this chapter. Such
conditions may include, but need not be limited to:
G.
If the Board of Commissioners approves the application and accompanying generalized site plan, such approved plan shall accompany any application for subdivision or land development as prescribed by Chapter 255, Subdivision of Land, in addition to the detailed working drawings normally required, and any application for a building permit. The issuance or rejection of a building permit shall take place in the regularly prescribed manner herein pertaining to building permits, but shall be preceded by compliance with Chapter 255, Subdivision of Land.
H.
Any grant of conditional use approval shall be deemed
null and void six months from the date of such approval if, within
that period, no application is made for a building permit, a use and
occupancy permit or subdivision or land development approval, as appropriate,
unless the Board of Commissioners shall grant an extension.
A.
The following standards shall be used by the Township
as a guide in evaluating and acting upon any application for conditional
use approval:
(1)
The proposed use shall meet all of the specific
standards and regulations for eligibility which are contained in the
section of this article that authorizes the proposed conditional use.
B.
The Board of Commissioners shall weigh each case on
its own merits, separately, based upon pertinent information presented
or known to it and without regard to any previous case.
